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2025 Supreme(Online)(UK) 79043
UTTARAKHAND HIGH COURT
Rakesh Thapliyal, J
ABHINAV RAJ SINGH SENGAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 No. 2216 of 2025
For the Appellants/Petitioners: Harshpal Sekhon
For the Respondents: G.S. Sandhu, Himanshu Sain
Bail may be granted when the charge sheet has been filed, the trial has commenced, and the accused has undergone a significant period of incarceration.
Headnote:The applicant sought bail in relation to an FIR registered for offences punishable under Sections 318(4), 319(2), and 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 66-D of the Information Technology Act. The applicant has been in custody since 20.08.2024, and the charge sheet has already been filed, leading to the commencement of the trial. The primary issue was whether the applicant deserved bail given the stage of the proceedings. The court reasoned that since the charge sheet has been filed, the trial has commenced, and the applicant has already suffered long incarceration, the applicant deserves to be released on bail. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
| Table of Content |
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| 1. identification of the accused and the specific criminal charges under bns and it act. (Para 1 , 2 , 3) |
| 2. evaluation of the applicant's claim of account misuse versus the state's assertion of credible evidence. (Para 4 , 5) |
| 3. grant of bail based on the filing of the charge sheet, commencement of trial, and duration of incarceration. (Para 6 , 7 , 8 , 9) |
Office Notes, reports, orders or proceedings
SL. No. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures
1. Mr. Harshpal Sekhon, learned counsel for the applicant.
2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Abhinav Raj Singh Sengar, S/o Ram Naresh Singh Sengar is praying for bail in relation to FIR dated 09.08.2024, bearing FIR No. 0024 of 2024, registered at P.S. Cyber Crime Police Station Rudrapur, District Udham Singh Nagar, which was lodged by one Pankaj Kumar Shah against unknown person for the offence punishable under Sections 318(4), 319(2), 61(2) of BNS, 2023 read with Section 66-D of Information Technology Act.
4. Learned counsel for the applicant argued that the applicant is innocent since he is not named in the FIR and he is languishing in jail since 20.08.2024 and charge sheet has already been filed and the trial has been commenced. Apart from this, he submits that in fact his account was misused by another co-accused namely Mukesh, who is still in jail. He also submits that the compounding application has also been moved before this Court in which the objections having invited from the State.
5. On the other side, Mr. G.S. Sandhu, learned Addl. Advocate General for the State submits that after collecting all credible evidence the charge sheet has been filed and there are the sufficient material against the applicant, however he has not disputed this fact that the present applicant is languishing in jail since 20.08.2024 and trial has already been commenced.
6. After hearing the arguments of the learned counsel for the parties and taking into consideration that the charge sheet has already been filed, and the trial has been commenced and the present applicant is languishing in jail since 20.08.2024 already suffered long incarceration, this Court is of the view that the present applicant deserves for bail.
7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
8. Let the applicant “Abhinav Raj Singh Sengar” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
9. It is made clear that after being released on bail the applicant shall join the trial court proceedings on each and every date without seeking unnecessary adjournment.
